Golf law: where balls and people collide

Games played with sticks and balls are ripe for litigation, which is why baseball ranks first and golf second among sports most litigated in court rooms across the U.S.

USD law professor John H. “Jack” Minan took his first crack at writing about golf and the law in 2007 with his “Little Green Book of Golf Law.” The book became one of the American Bar Association’s best-sellers, and Minan got a lot of fanfare.

The New York Times and Wall Street Journal called for his insights; Minan’s tales made him popular on the speaking circuit; and he was even befriended by golf course architect Robert Trent Jones Jr., who enjoyed Minan’s work.

The cover of Jack Minan's latest edition of his book, "The Little Book of Golf Law."

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The cover of Jack Minan's latest edition of his book, "The Little Book of Golf Law."

The cases keep coming, so Minan has produced an expanded and revised second edition, “The Little Book of Golf Law.” The first book reviewed 19 cases; this one analyzes 39 cases over a span of 419 pages.

Minan said he believes this edition is better organized and more reader friendly for laymen. Each case is divided into the facts, the law and a conclusion.

Of course, many of the legal pursuits involved damage to people and property caused by errant golf balls. Many courses post signs warning golfers they are responsible for their shots, but in most cases, Minan said, the golfer isn’t legally found liable unless he or she is acting negligently.

“That surprises people,” Minan said. “The courts have shown through their judgments that hooks and slices and golf balls leaving golf courses are all part of the game,” Minan said.

Among some of the other interesting cases Minan found:

-- Titleist’s parent company, Acushnet, sued Nitro for intellectual property rights because Nitro was refurbishing and re-stamping golf balls that came from water hazards. The court ruled against Acushnet.

-- A woman sued a public golf course for sex discrimination because she wasn’t allowed to play in a men’s tournament with her father. The woman prevailed.

-- A female college golfer made a hole-in-one to win a car during a charity event in North Dakota. The car dealership and its insurer wouldn’t deliver the prize because they said she should have hit from the men’s tees. It also argued that she couldn’t take the car because she was still playing college golf.

By the time the case went to the court, the woman had graduated and it was ordered that she get the car.

“Hole-in-one scams are pretty prevalent,” Minan said.

Minan’s book ($24.95 for ABA members, $29.95 non-members) is available by calling the American Bar Association at (800) 285-2221 or going to shopaba.com.

Volunteers needed

Future Champions Golf is seeking volunteers for its upcoming San Diego Junior Amateur Tournament, to be played at five venues Jan. 2-4. The event features 450 golfers from 21 countries. To volunteer contact Antrone Williams at (858) 212-1547 or antrone@futurechampionsgolf.com.